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People v. Kealey

33 N.Y.2d 897 Court N.Y. Decision date 1973-12-27 English

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p. 897
The People of the State of New York, Respondent, v. Eugene Kealey, Appellant.
Submitted December 10, 1973;
decided December 27, 1973.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following; Upon appeal herein there was presented and necessarily passed upon the following question under the Constitution of the United States, viz.: Defendant-appellant argued that he had been denied due process of law because the statute under which he was convicted (Penal Law, § 125.10) is unconstitutionally vague. The Court of Appeals held that appellant’s constitutional rights were not violated. [See 33 N Y 2d 818 .]

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